User Agreement

EXPERTWITNESSEXCHANGE.COM MARKETPLACE MEMBER AGREEMENT

These terms of service govern your access to and participation in the Expert Witness Exchange LLC (hereinafter “The Exchange) Service Marketplace website. The Exchange Marketplace Rules, Privacy Policy, and Terms of Service for this website are an integral part of this Marketplace Member Agreement. This Marketplace Member Agreement (together with the Marketplace Rules and Procedure), as amended from time to time, are hereafter referred to collectively as the "Member Agreement".

Please read your Member Agreement carefully. By using the Marketplace or any of our Services or accessing or using our website, including the domain and subdomains of www.expertwitnessexchange.com and its related sites and services (our "Website"), you accept this Member Agreement and agree to these terms of service. Your use of the Marketplace, our Services, or access or use of the Website is governed by the then current version of the Member Agreement in effect on the date of use.

1. DEFINITIONS

   1. "Member Agreement" means this Marketplace Member Agreement, together with the Marketplace Rules, Privacy Policy and Terms of Service, as amended from time to time, which may be viewed on our Website are incorporated herein by reference and in their entirety:

      • Marketplace Rules. The Marketplace Rules describe the terms and conditions applicable to your use of and participation in the Marketplace, which is the forum in which Members offer expert witness services and profile their experience and capacities while law firms are enabled to intelligently search for expert witness services without paying related fees for advertising and/or subscriptions. One of the purposes of the Marketplace Rules is to enable and facilitate fair transactions with greater transparency, a smoother retention process, and cost efficiencies among and between The Exchange’s Marketplace Members ("Members") and/or Law firms and other authorized parties by fostering a system of good business practices. The Marketplace Rules set forth the means by which The Exchange provides you with Services and the way in which you must conduct transactions with others who are authorized to transact in the Marketplace.

      • Privacy Policy. Our Privacy Policy sets forth our commitment to the privacy of our Members and the practices applicable to information collected from or submitted by Members and may be found in the Terms of Service located within the footer the expertwitnessexchange.com website.

   2. "Services" means the services provided by The Exchange in providing a Marketplace fostering expert witness retentions and related business transactions and acting as a third-party record-keeper and administrator of the clearinghouse function of the Marketplace, as well as any services directed toward or for the benefit of Members or provided through our Marketplace, our Website, and/or our social media pages. We may, in our sole and absolute discretion, contract with others to provide all or part of such record keeping, administrative or payment processing or other services.

   3. "Member" or "You" means: (a) the business entity (whether a corporation, limited liability company, partnership or sole proprietorship) or approved individual signing the Membership Application; or (b) in the case of the online version of the Member Agreement, the business entity or approved individual accessing and accepting the Member Agreement. Member desires to participate in The Exchanges, accepting the conditions and fees for its Services.

2. CHANGES TO MEMBER AGREEMENT; WEBSITE

   1. Your use of the Marketplace, our Services, or access or use of the Website is governed by the then current version of the Member Agreement in effect on the date of use. The Exchange reserves the right, in its sole discretion, without any obligation and without any notice requirement, at any time to alter and change the terms of the Member Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference such as the Marketplace Rules and Privacy Policy). By using and accessing the Marketplace, our Services, or the Website, you acknowledge and agree to review the most current version of this document prior to each such use. The amended terms shall be effective upon posting on the Website. Your use of and access to any of the Marketplace, our Services or the Website after any changes to the Member Agreement are posted, constitutes your acceptance of the changes and acknowledgement of, and agreement to, the then current Member Agreement. Any change intended to affect transaction fees or account maintenance fees will only be implemented after prior notice and will not apply to any past or transactions already pending at the time the changes are implemented.

   2. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Website and to suspend and/or deny access to any portion of the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and we do not undertake any obligation or responsibility to update or amend any such information. We may discontinue or change any product or service described in or offered on our Website at any time. We further reserve the right, in our sole discretion, to block or otherwise discontinue your access and use of the Website at any time and for any reason. You agree that The Exchange and its affiliates, brokers and agents will not be liable to you or to any third party for any such modification, suspension or discontinuance.

3. FEES AND SERVICES

   1. The Exchange charges fees for using our Services. The fees we charge for using our Services are listed in our Fee Policy (currently set forth in the Marketplace Rules and Procedure entitled "Service and Transaction Fees" and incorporated herein by reference), which we may change from time to time. Changes to our Fee Policy are effective after we provide you with at least 28 days’ notice, either in writing, by email notice or by posting the changes on our Website. Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Marketplace, our Services, or the Website with a valid payment method by the payment due date.

   2. The following transaction and monthly maintenance fee applies to Subject matter expert registrations on the date of your acceptance:

      1. Transaction Fee: 15%

         Expert witness services invoiced for new case retentions. Note that your transaction fee will reduce to a rate of 12 % once the monthly maintenance fee becomes applicable.

      2. Monthly Maintenance Fee:

         Waived first year of participation or until you obtain your first expert witness retention, whichever occurs first. Your maintenance fee will also cover your annual validation Badge renewal.

   3. You agree that a percentage transaction fee is due on all retentions achieved as a result of your profile listing or responding to communications initiated by member attorneys. You further agree that this transaction fee will be deducted prior to payment being made to you.

   4. In addition, a monthly account maintenance fee in the amount of $15 will be charged beginning upon the one year anniversary of my registration on the site and accepting the terms marketplace membership or upon the first expert witness retention made through the site as defined herein, whichever occurs first. I further understand that once my account maintenance fees begin to be collected, my transaction fee will be reduced to 12%.

   5. I understand that my monthly account maintenance fee will also include the cost of my Validation Badge renewal (assuming that one has been applied for and issued).

   6. I ACKNOWLEDGE AND AGREE THAT ANY CONTACT RECEIVED FROM AN ATTORNEY/ATTORNEY STAFF MEMBER VIA THE EXCHANGE’S MARKETPLACE THAT RESULTS IN AN EXPERT WITNESS RETENTION BY THAT ATTORNEY’S LAW FIRM WILL BE CONCLUSIVELY DEEMED AS A RETENTION MADE THROUGH THE MARKETPLACE SITE WITH THE FEE IMMEDIATELY DUE. FURTHERMORE, I AGREE THAT IT IS MY AFFIRMATIVE OBLIGATION NOT TO DIRECT THAT PAYMENT BE MADE TO ME OR ON MY BEHALF OFF THE PLATFORM SO AS TO AVOID PAYMENT TO THE EXCHANGE. SHOULD THIS OCCUR WITHOUT THE EXCHANGE’S PERMISSION, I ACKNOWLEDGE THAT NOT ONLY WILL THE TRANSACTION FEE BE DUE BUT THAT I MAY BE BANNED FROM FUTURE PARTICIPATION FROM THE EXCHANGE’S MARKETPLACE AND THAT MY VALIDATION BADGE HOLDER STATUS MAY BE WITHDRAWN OR RENDERED INELIGIBLE IF NOT ALREADY A VALIDATION BADGE HOLDER (AND VISIBLY DISPLAYED ACCORDINGLY).

4. SECONDARY EMAIL ADDRESSES

   A secondary email address is available to you to receive notifications and respond to attorney inquiries who are potential buyers of your services (“buyers”). You may choose to assign these to staff members or agents that you select to respond on your behalf to case inquires. You agree that unless you choose to exercise this option that the exchange may assign this email address to its Platform ambassador in an effort to monitor inquires and respond on your behalf in so far as acknowledging the contact and obtaining additional detail if deemed warranted by such Platform ambassador. The exchange’s platform ambassadors will not, however, enter into contracts on your behalf and a reasonable response time from you is expected, so please do monitor communications and treat with courtesy any effort or communication that a platform ambassador may send to you for the purpose of gaining you an expert witness retention. If the Exchange assigns a platform ambassador on your behalf, you will be contacted by the platform ambassador via email or telephone. You may elect to opt out of this service at any time by contacting your assigned platform ambassador or the MPO at support@expertwitnessexchange.com.

   Should you choose to assign an employee or staff member of your office to act as your agent, you agree that this individual will be bound by the terms of this Marketplace agreement as stated herein at all times when interacting with Attorneys/Law Firm staff members. You also authorize the Exchange to assign said secondary email address to one or more of its Platform ambassadors in order to accomplish the purposes explained behind the Platform Ambassador program herein. There will be no additional fee for the Platform ambassador’s assistance, however, unless and until the Exchange notifies you that a separate fee for your continued participation in the program is required and you agree to same. You will be notified and asked to confirm acceptance of all profile enhancements that are made by the MPO or platform ambassador, via email.

5. MONITORING YOUR PROFILE AND COMMUNICATIONS

   The Exchange via its Marketplace Administrator (“MPO”) may exercise its right to monitor on platform communications and activities in order to protect and serve the best interests of the marketplace community. You acknowledge and accept and authorize the conduct of this supervisory function by virtue of your participation in the marketplace and use of the website.

6. USE OF YOUR PROFILE AND PARTICIPATION

   By virtue of your participation in the marketplace and use of this website, you authorize the Exchange to periodically mention and/or highlight your profile and participation in the marketplace as a subject matter expert.

7. PLATFORM AMBASSADOR PROGRAM

   You agree that the Exchange may assign a Platform ambassador to monitor my profile activity, assist in further developing my profile and service offerings, monitor and assist with communications including responding to attorney retention related inquiries, both direct contact and open calls for case assistance inquires. I understand that I have the right to ask the Exchange not to assign or withdraw the assignment of any assigned Platform Ambassador.

   The Exchange may in the future choose to offer the services of an assigned Platform ambassador for an additional fee that I may elect to utilize. Should that occur, the fees for such a service offering will be in addition to the transaction fees and account maintenance fees that apply under the terms of my existing marketplace membership agreement and are entirely optional.

8. PROFILE DEVELOPMENT

   I agree that it is my primary responsibility to complete and keep my profile up to date, however, in order to improve the quality of the Marketplace’s listings, I agree that the Marketplace administrator (hereinafter “MPO” , its agents and assigns, including “Platform Ambassadors”) may supplement and update information appearing in your profile from sources including but not limited to your CV, written publications and other sources deemed of sufficient reliability to include in an effort to improve both the quality and searchability of your service offerings. I agree that I will retain the right to edit publicly appearing information in my profile and am responsible to periodically review its contents in accordance with these ongoing activities and profile enhancements.

9. REPRESENTATIONS AND COVENANTS OF MEMBER

   1. You represent and warrant that:

      1. If you are an individual, you are at least 18 years old and have all required legal capacity to enter into this Member Agreement as a binding agreement. If you are accepting these terms on behalf of a company or other legal entity, you have full authority to act for and bind that entity to this Member Agreement;

      2. The personal, business and other information provided by you on the Membership Application, the Validation Badge application and the expert witness profile as well as this Member Agreement is true, accurate and correct;

      3. If there are any changes to the information provided by you on the Membership Application and your expert witness profile you will promptly notify The Exchange of any such changes and update your expert witness profile;

      4. You have provided The Exchange with a valid method for payment of fees as required by our Fee Policy or agree to process your invoicing through the Exchange’s merchant interface; and

      5. You will comply with all applicable laws in performing your obligations under the Member Agreement and your use of the Marketplace and Website. Your obligation to comply with all applicable laws includes, without limitation: privacy laws, intellectual property laws, export control laws, tax laws, regulatory requirements, and the procurement of permits, certificates, approvals, inspections and licenses, when needed.

   2. You understand, acknowledge, and agree that:

      1. Transactions involving expert witness retentions are generally treated as taxable events for federal, state or provincial, and local tax purposes, and you will seek independent professional tax advice if you need or desire it;

      2. You will not be admitted as a Member unless and until your registration and participation is accepted by The Exchange. We reserve the right to accept or reject your application and discontinue your participation in our service Marketplace for any reason, in our sole discretion.

      3. You authorize us to debit/charge the applicable percentage transaction fee for amount of any expert witness service (consulting and testifying experts) purchase transaction, corresponding to the amount of any sale transaction, and charge you all applicable fees specified in our Fee Policy; and

      4. You authorize us to debit/charge the applicable monthly account maintenance fee, excepting any period of time that said monthly maintenance fee may be waived by special promotion.

      5. Without limiting other remedies, for violation of the Member Agreement we may limit, suspend or terminate our Services to you, limit, suspend or terminate your Member Account or your right to transact in the Marketplace, prohibit access to our Website, delay or remove posted content and your information, and take technical and legal steps to keep you off the Website if we think that you are acting illegally, creating problems, creating possible legal liabilities, or acting inconsistently with the letter or spirit of our Marketplace Rules. We also may reverse disputed transactions to the extent that we still have direct control over same and close accounts that are delinquent, abandoned or in Default (as defined in the Marketplace Rules). We may also indicate the circumstances of any dishonest act or breach of this Membership agreement, the Marketplace rules and Terms of Service for The Exchange’s website.

   3. Indemnification - You will defend, indemnify and hold us (and our subsidiaries, affiliates, directors, officers, employees, brokers, independent contractors, and agents) harmless from any and all losses, liabilities, actions, damages, expenses, costs, penalties, fines and fees (including reasonable attorneys' fees and costs) incurred by us due to any Member or third party claims, demands, or legal proceedings (including government agencies), in connection with or arising from:

      1. Your actions, omissions, or conduct in violation of (or in breach of) this Member Agreement (which includes the Marketplace Rules and Procedure), or your violation of any law or the rights of a third party;

      2. Your disputes with other Members or with third parties;

      3. Any actions we take to comply with federal, state or provincial, and local tax laws;

      4. Any Marketplace transaction wherein you are a buyer or seller;

      5. Any dollar debit to your account utilizing your Member password on the Website;

      6. Any breach of your representations and warranties contained in the Membership Application or this Member Agreement;

      7. Your offer to sell, sale, or your purchase of any prohibited product or service through the Marketplace;

      8. Your negligence and willful misconduct relating to the Marketplace;

      9. Your use of the information accessed on or through the Website;

      10. Any information posted or listed by you which infringes upon the copyright, trademark or other intellectual property rights of third parties; and

      11. With respect to The Exchange only (together with its subsidiaries, affiliates, directors, officers, employees, and agents), any transaction or attempted transaction with The Exchange or any purchaser of your services through The Exchange website, your receipt of services from an expert witness retained via The Exchange website.

10. DISCLAIMERS AND LIMITATIONS; RELEASE OF THE EXCHANGE

    1. You acknowledge that The Exchange is merely a third party record-keeper and administrator of the clearinghouse function of the Marketplace, and not involved in any actual transaction between Members, or between a Member and a third party through the Marketplace. You will not hold The Exchange responsible for the content, actions or inactions, by other Members and/or other authorized users of The Exchange website.

    2. Disclaimer of Warranty and Liability on Marketplace Transactions

       THE EXCHANGE IS NOT A GUARANTOR OF ANY TRANSACTION CONDUCTED IN THE MARKETPLACE. THE EXCHANGE DOES NOT GUARANTEE, WARRANT, OR MAKE ANY REPRESENTATION REGARDING ANY OF THE FOLLOWING:

       1. THE QUALITY, QUANTITY, DELIVERY, VALUE, CONDITION, SAFETY, LEGALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TIMELINESS OR ACCURACY, OR ANY OTHER CHARACTERISTICS OF ANY PRODUCTS OR SERVICES PLACED INTO OR PURCHASED THROUGH OR OTHERWISE ADVERTISED ON OR THROUGH THE MARKETPLACE BY A MEMBER, BROKER OR THIRD PARTY;

       2. THE ACCURACY, RELIABILITY, OR INTEGRITY OF ANY INFORMATION PROVIDED TO THE EXHCNAGE BY A SELLING MEMBER, BROKER OR THIRD PARTY AND DISSEMINATED BY THE EXCHANGE ON BEHALF OF THAT SELLING MEMBER, BROKER OR THIRD PARTY;

       3. THE ABILITY OF ANY SELLING MEMBER, BROKER OR THIRD PARTY TO SELL/PROVIDE EXPERT WITNESS SERVICES;

       4. THE VOLUME OF BUSINESS THAT ANY MEMBER WILL DERIVE FROM PARTICIPATION IN THE MARKETPLACE;

       5. THAT THE MEMBER OR AUTHORIZED USERS OF THE EXCHANGE WEBSITE WILL BE SATISFIED WITH THE SELECTION OF EXPERT WITNESS SERVICES OFFERED THROUGH THE MARKETPLACE AT ANY GIVEN TIME

       6. THE ACCURACY, RELIABILITY, INTEGRITY, OR LEGALITY OF ANY OFFER, PROPOSAL, STATEMENT, DATA, OPINION, OR OTHER CONTENT DISPLAYED OR DISTRIBUTED THROUGH THE MARKETPLACE.

       7. THE EXCHANGE MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL LIABILITY, AS TO THE FITNESS, QUALITY, DELIVERY DATE, MERCHANTABILITY, PRICE, OR ANY TERM OF ANY TRANSACTION.

    3. Release. In the event that you have a dispute with one or more Members or with one or more third parties (including government agencies), you release The Exchange (and its subsidiaries, affiliates, directors, officers, employees, Brokers, independent contractors, and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature (including, but not limited to, attorneys' fees and costs), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You agree that if a seller fails to deliver services pursuant to agreed-upon terms, buyer's only recourse shall be against the seller, and not against us or against our subsidiaries, affiliates, directors, officers, employees, Brokers, independent contractors, and other agents. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

    4. Limitation of Liability. The Exchange (and its subsidiaries, affiliates, directors, officers, employees, Brokers, independent contractors, and agents) will not be liable for any incidental, indirect, consequential, or special damages arising out of or in connection with your use of our Website, our Services, the Marketplace, or this Member Agreement, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if The Exchange has been advised of the possibility of such damages. Regardless of the disclaimers and limitations of this Section, if we are found to be liable, in no event will the collective liability of The Exchange (and its subsidiaries, affiliates, directors, officers, employees, brokers, independent contractors, and agents) to you or to any third party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount Member has paid to The Exchange in connection with Member's use of the Marketplace for the 12 months preceding the date that the incident giving rise to liability occurred.

11. MISCELLANEOUS

    1. No Waiver of Right. The Exchange’s failure or delay in exercising any right will not operate as a waiver of that right, nor shall the partial exercise of a right preclude any other or further exercise of any right. The Exchange remedies in this Member Agreement are cumulative and are not exclusive of any other remedies provided at law or in equity to which The Exchange may be entitled.

    2. Entire Agreement/Severability. This Member Agreement (including the incorporated Membership Application, Marketplace Rules and Procedure) constitutes the entire agreement and understanding of the parties with respect to its subject matter, and supersedes all prior understandings and agreements, whether oral or written, between or among the parties hereto with respect to the specific subject matter herein. If any provision of this Member Agreement is determined by any court to be invalid, illegal, or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of the parties hereto. If such clause or provision cannot be so enforced, such provision shall be stricken from this Member Agreement and the remainder of this Member Agreement shall be enforced as if such invalid, illegal, or unenforceable clause or provision had (to the extent not enforceable) never been contained in this Member Agreement.

    3. Binding Arbitration. Any dispute, claim or other litigable difference between the parties arising out of or relating to this Member Agreement or its subject matter will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall bind the other. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") (available on the AAA web site www.adr.org) before a single arbitrator conducted in HARTFORD COUNTY, CONNECTICUT provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm, and further provided, that a cause of action may be brought by THE EXCHANGE or its assignee against or on behalf of Member in any judicial district for debt collection purposes. The decision of the arbitrator will be final and binding and shall be entitled to enforcement in any court of competent jurisdiction. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

    4. Attorneys' Fees. If either party submits a claim for arbitration or commences an action against the other relating to this Member Agreement (including the Attachments referred to herein), including, without limitation, to enforce any of its terms or for failure to abide by any of its terms, the prevailing party in such action will be entitled to recover all costs including, without limitation, reasonable attorneys' fees associated with the action to be fixed by the arbitrator, trial court, and/or appellate court, in the action and on appeal. Such relief is in addition to any other relief that may be awarded to the prevailing party. Any sums, which may be awarded to The Exchange in arbitration or by judgment, shall be payable in United States dollars only.

    5. Governing Law; Jurisdiction and Venue. This Member Agreement and all claims or causes of action (whether in contract or tort) that may be based upon, arise out of, or relate to this Member Agreement, or the negotiation, validity, execution, interpretation or performance of this Member Agreement (collectively, "Causes of Action") will be governed by, construed under, and resolved exclusively in accordance with the laws of the State of Connecticut, without regard to its principles of conflicts of law which would require or permit the application of the laws of another jurisdiction. The parties hereby irrevocably submit to the exclusive personal jurisdiction of the state or federal courts located in the State of Connecticut, Hartford County, for purposes of any dispute, suit, action or other proceeding based on a Cause of Action or any of the transactions contemplated under this Member Agreement, and each party hereby irrevocably agrees that all Causes of Action shall be heard and determined exclusively in the State of Connecticut. The parties hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection, which they may now or hereafter have to the laying of venue of any such dispute brought in Connecticut or any defense of inconvenient forum for the maintenance of such dispute. Each of the parties hereto agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each of the parties hereto hereby waives any right to trial by jury. Notwithstanding the above, if The Exchange has assigned its cause of action against Member to any debt collector or collection agency, such action may be brought in a judicial district or under the jurisdiction of the court having the venue where Member resides, or is doing business, or is situated.

    6. Assignment. Member may not assign any of its rights under this Member Agreement without the consent of The Exchange, which consent The Exchange may withhold in its sole discretion. Only the Member entering in to this Member Agreement or authorized users designated by Member and approved by The Exchange may utilize the Services provided by the Exchange. The Exchange may, in its sole discretion, assign and transfer its rights under this Member Agreement, including without limitation, all right, title and interest in and to Member's accounts receivable, and all proceeds and collections relating thereto, which outstanding receivables arose from fees billed to, and cash and Exchange dollar balances owed by Member.

    7. Relationship of the Parties. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Member Agreement. The parties are independent contractors and Member will be solely responsible for any costs and expenses it may incur in the performance of its obligations under this Member Agreement, or in Member's use of the Marketplace. Neither party nor its employees will be eligible for any employment benefits provided by the other to its employees.

EXPERTWITNESSEXCHANGE.COM MARKETPLACE RULES AND PROCEDURE

1. OVERVIEW

   1. These Marketplace Rules ("Rules") are part of the Member Agreement between you hereinafter “member” and The Expert Witness Exchange LLC, hereinafter the “Exchange” or “Marketplace”. They describe the terms and conditions applicable to your use of the Marketplace, and your use of our Services and our Website. All terms defined in the Member Agreement shall have the same meanings in these Rules.

   2. Opening and continuing to use an Exchange Account ("Account") as a Member, or your use of the Marketplace, our Services or the access and use of our Website, constitutes your acceptance of all terms and conditions of the then current version of these Rules in effect on the date of use. If you do not agree to be bound by these Rules, you cannot be a Member or use or access our Services. In addition to these Rules, Members must agree to all of the terms and conditions contained in our Member Agreement (our Marketplace Rules and the General Terms of Service for use of the Website) We may amend these Rules at any time. All amended terms shall be effective immediately upon posting on our Website. You can review the most current version of the Rules by clicking on the Website's "Marketplace Rules" link. If you continue to use the Marketplace, our Services or our Website after we make changes to the Rules, you are signifying your acceptance of the new terms. You are responsible for checking the Rules periodically for any changes.

2. PARTICIPATION IN THE MARKETPLACE

   1. Nature of the Parties

   2. The Exchange is a provider of the Services described in the Member Agreement.

   3. Member is a business entity or individual that has applied for The Exchange’s expert witness Validation Badge and desires to offer its expert witness and/or consulting services to Members of the Marketplace, the legal community (or other permitted parties).

   4. Member Eligibility

   5. Only individuals and businesses who are Members in Good Standing can obtain an Account and transact in the Marketplace. Members may designate authorized persons ("Authorized User") to transact in the Marketplace, subject to our approval. We reserve the right to approve, deny, suspend, or terminate membership or use of an Account by any business or individual, in our sole discretion, for any reason or no reason. Our Services are available only to, and may only be used by, business entities or individuals who have all required legal capacity to enter into binding contracts under applicable law, including obligations with respect to payments, transactions, and fees. We may require that, at any time, each Member provide the Exchange a valid credit card, debit card, checking account information, or other guarantee of payment of fees. If you are registering as a business entity, you represent that you have full authority to act for and bind that entity to our Member Agreement. Our Services are not available to individuals under the age of 18, or to temporarily or indefinitely suspended Members.

   6. Conduct of Transactions

   7. Legal Right to Sell Listed Services. You may list on the Marketplace only those disciplines and categories in which you have subject matter expertise. The following policies are part of these Rules and provide additional terms and conditions related to specific products and services offered in the Marketplace.

   8. Prohibited or Restricted Products and Services Policy. Each of these policies may be changed from time to time. Changes take effect when we post them on our Website. All such policies or rules are hereby incorporated into these Rules.

   9. Member Listings. We reserve the right to remove any Member Listing or change its location on the Website. Members are not permitted to manipulate, alter, interfere with, or otherwise affect another Member's Listings

   10. Services. You agree to sell services in accordance with the terms and conditions set forth in these Rules at your prevailing or normally advertised prices and that you will not raise hourly rates to cover the transaction fees that are due to the Marketplace. We are not a guarantor of any Marketplace transaction. Our only responsibility is to record transactions according to the terms and conditions outlined herein.

   11. Payment Methods. The following may be used as payment for Marketplace transactions: Major Credit Card Providers and/or checking/debit accounts, as limited or in accordance with the E-commerce services provided by the Marketplace’s chosen vendor, currently Stripe.

   12. Transaction Procedure. We will process the transfer of dollars represented by online transactions through the online merchant account interface system according to the procedures outlined below.

       1. Online Transactions.

          1. Members whose expert witness services are purchased (retainer and supplemental invoicing on active matter) agree to utilize The Exchange’s Invoicing interface (IVR) to request and receive payment.

          2. The Exchange’s transaction fee (currently 15%, 12% once the monthly account maintenance fee begins to be collected) will be deducted and the balance of funds remitted to the Members checking account. The selling Member will account for the entire amount of the payment to the Buyer and not just the portion remitted/retained and the transaction fee will be its cost of doing business and not the Purchasers.

          3. The Exchange processes the transaction to the Buyer and Seller's Account;

          4. When using Services on our Website, you are subject to any posted policies or rules applicable to Services you use through the Website, which may be amended from time to time. All such policies or rules are hereby incorporated into these Rules. For additional terms and conditions governing your use of the Website, see "Website Usage."

          5. It is the Seller's responsibility to provide the expert witness retention services contracted for and not The Exchange’s responsibility. The Exchange’s transaction fees withheld from the payments processed through its Merchant account interface are non refundable and in the event of a refund, wholly or partially, being agreed by the parties to or determined to be due via court process, the Member will be wholly responsible for the entire amount due. The only exception is if the parties mutually agree to cancel their transaction within Fifteen days of posting on the basis that they have mutually agreed not to proceed with the expert witness retention.

          6. It is the Member’s responsibility to have executed a written retention agreement which embodies the terms of the expert witness retention and specifies the financial and non financial terms of the engagement.

          7. The Exchange is not a party to the transaction by virtue of enabling the contact and/or communications leading to the case retention nor clearing the transaction through its merchant interface and deducting the applicable fees for its services.

          8. In the event of a dispute or disagreement concerning the terms of or manner of performance under expert witness service contract, The Exchange will have no responsibility to intervene on behalf of either party nor any liability associated with not attempting to do so.

       2. All Transactions.

          1. Submission of improperly completed Buyer authorized transaction documents to The Exchange’s merchant interface may result in delays or denial of posting;

          2. It is the responsibility of the Buyer to notify Seller that Buyer has completed the transaction via the merchant account interface. Buyer understands and agrees that by entering into a Marketplace transaction Buyer authorizes

   13. Transaction Assistance. We intend to use reasonable commercial efforts to assist Members to transact among themselves by making Member information available on the Website and maintaining current Member information. In addition, we may appoint, at our sole and absolute discretion, independent persons, or entities as Brokers to provide information on Members' services available through the Marketplace. Whenever you either enter into a transaction, or make an offer to enter into a transaction through the Marketplace, you acknowledge that:

       1. The sole parties to any Marketplace transaction are the Buyer and Seller involved and not the Exchange,

       2. each transaction is entered into voluntarily and incurs normal risks associated with any commercial transaction,

       3. Each Member will engage in appropriate due diligence, with the assistance of professional counsel and consultants if appropriate, prior to entering into the transaction, and

       4. The Exchange is not a guarantor of any transaction or liable in any manner for damages related to the transaction. We will use reasonable commercial efforts to record transactions accurately and to administer the Rules in accordance with their terms. However, the initiative for using our Services for your economic benefit is exclusively yours and The Exchange does not guarantee or warrant any level of business through the Marketplace.

   14. Safe Transactions. You bear sole responsibility for the authentication of the identity of any person with whom you may transact. You acknowledge that authentication is difficult, particularly on the internet, and that The Exchange does not confirm any person's purported identity. You should communicate directly with potential Buyers of your services and establish your own standards for identity authentication. You should use caution, common sense and practice safe transactions when using the Marketplace. There may also be, and you accept full responsibility for, risks associated with dealing with foreign nationals and persons acting under false pretense.

   15. No Control over Member, Broker and Third-Party Information. We are not responsible for, and do not control, represent, or endorse the accuracy, reliability, integrity, or legality of any information provided by or posted by Members, Brokers, and third parties available through the Marketplace, the Website, and on our social media pages, including information that is transmitted on behalf of Members by Brokers or their employees. Members, Brokers and third parties are solely responsible for their respective information. Feel free to report violations, abuse, or objectionable content to us. While we do not monitor content that is exchanged or posted by means of the Website, we reserve the right to remove any content that we may determine, in our sole discretion, to be inappropriate. We may also remove any content in violation of these Rules or the Member Agreement. We may terminate any Member's Account or any Member's access to the Website and its functionality if we believe there has been any violation.

   16. Definition of "Member in Good Standing." A Member who (i) has completed a Member Application and accepted our Member Agreement; (ii) complies with the current Rules and any other agreements in effect with the Exchange, (iii) is current in the payment of all Fees (defined in Section 3 - Service and Transaction Fees) owing to us under the Member Agreement, (iv) is not in Default (defined in Section 5 - Breach of Rules; Prohibitions; Termination), and (v) has a valid Member Account, is a "Member in good standing." Only Members in good standing are entitled to the Services of The Exchange.

   17. Advertising Authorization. You authorize us to inform other Members and members of the legal community of the availability of your services. We reserve the right to restrict or deny the publishing or promotion of products and services that we, in our sole discretion, deem to be inappropriate.

   18. Consent to Receive Electronic Mail and Text Messages. You hereby expressly consent to receive from us (and members of the legal community seeking expert witness retentions electronic mail and text messages from time to time.

   19. Record Keeping.

       1. We may issue periodic statements to you reflecting your Account activity and amounts due and owing to The Exchange. Exchange Statements are deemed accurate as produced unless you notify The Exchange corporate office in writing of any discrepancy, within four weeks of the statement date. We are under no obligation to review transactions entered on an Account one hundred eighty (180) days after the date of the posting of the transaction. Interim Account activity summaries may be made available at the Website.

       2. The Exchange operates on a four (4) week accounting cycle ("Cycle") that may or may not conform to any given calendar month. Each Cycle begins on a Friday and ends at midnight on the fourth Thursday following. You can request a list of Cycle opening and closing dates from your Broker.

   20. Taxes. Each Member must provide a valid and correct taxpayer identification number to The Exchange before engaging in any transaction through the Marketplace. By submitting a Member application and agreeing to the terms of the Member Agreement, you represent and warrant that your taxpayer identification number and other Member Information is true, accurate and correct. Members are solely responsible to collect, remit, declare, and report all applicable federal, state, provincial, local, and municipal taxes, including appropriate sales and excise taxes and GST, resulting from any transaction involving commerce conducted via The Exchange and remit to the appropriate taxing authorities as required by law. Under no circumstances are we responsible to pay any sales, excise, GST, use, or other taxes on behalf of any Member. The declaration and reporting of applicable taxes resulting from Exchange transactions rests solely with you. In the United States, we may be required by law to submit a Form 1099-Misc for each Member Account to the IRS each year reporting the gross sales of the Account. In Canada, sale transactions are deemed within the purview of the Income Tax Act, and Exchange transactions should be reported by the Member to Revenue Canada, per applicable law. You agree to indemnify and hold The Exchange harmless for any actions we take to comply with federal, state or provincial, and local laws.

   21. Disputes.

       1. Transaction disputes concerning the quality, fulfillment, or deliverability of services purchased are between the Buyer and Seller ONLY, and The Exchange has no responsibility in connection therewith other than recording transactions.

       2. We are under no obligation to record the transaction as having been reversed after one hundred eighty (180) days from the date of the disputed transaction posting. Except in the case of an accounting error.

3. SERVICE AND TRANSACTION FEES

   1. Each Member will pay The Exchange’s specified transaction fees for sales and monthly account maintenance fees (collectively, "Fees"). Fees are due upon receipt and may be deducted from the sale proceeds as provided for herein. Fees must be paid by cash, check, cashier's check, money order, electronic funds transfer ("EFT") or credit card.

   2. Account maintenance Fees. $15.00 will be charged to your Account each four-week accounting and billing cycle ("Billing Cycle") for your right to participate in the Marketplace one year from the anniversary of your membership or upon the first transaction gained. If a marketplace promotional commitment was given relative to not charging this association fee for a particular period of time or upon any condition it will be honored.

   3. Late Fee. A minimum Late Fee of $12.50, will be charged if the Fees you owe are not received by The Exchange within one Billing Cycle of your statement date.

   4. EFT Returns, Chargebacks, and NSF. EFT returns, credit card chargebacks, and Non-Sufficient Funds (NSF) cash check returns will be charged $25.00 cash per incident.

   5. NSF Exchange checks. Non-sufficient Funds Exchange checks or other authorized posting documents may be charged $25 dollars, per incident. And participation in the Marketplace may be frozen.

   6. Due Date of Fees. Transaction and monthly maintenance fees as stated herein are due and payable to the Exchange without demand or separate invoicing. You agree to have the Exchange deduct its transaction fees upon the receipt of funds from the buyer (Law Firm). In the event that funds are not processed through the Exchange, for any reason, the transaction fees are nevertheless due to the Exchange and may be deducted and/or billed to the Member’s credit card or EFT on file.

   7. Member Obligation to Pay Fees. Member agrees that it will not circumvent the obligation to pay the transaction fees due the Exchange stemming from Law Firm engagements that occurred as a result of contact being initiated because your Profile was viewed on the Exchange website. Member agrees that doing so would not only constitute a breach of contract but would also be an unethical business practice. Member also agrees that its continued participation in the Exchange’s Marketplace may also be suspended by the Exchange, in its sole discretion.

   8. Fees Are Non-Refundable. Unless otherwise agreed in writing by The Exchange, your payment of Fees to the Exchange is non-refundable. If Member Sellers do not complete services on a posted transaction, the Exchange will not be obligated to refund any Fees we have received.

   9. Modification of Fees. We may modify our Fee policy and the Fees assessed to your Account at any time in our discretion, after we provide you with at least 28-day notice, either in writing, by email notice, or by posting the amended terms on the Website.

   10. Delinquent Accounts. If your Account is delinquent more than two times within a period of six (6) Billing Cycles, you may be required to provide The Exchange with a valid credit card number or EFT, and, in so doing, you authorize The Exchange to charge such credit card or EFT for all past or future Fees owed or payable by you.

4. ADMINISTRATION OF MARKETPLACE

   1. Member's Account.

      1. General. The Exchange is not a bank, nor a broker and has no fiduciary or contractual liabilities to members or authorized site users except as specifically set forth herein.

      2. Special Offers and Promotions. We may, in our sole discretion, make special offers and promotions, such as reduced Fees, incentives or other benefits, available to all or some Members without creating any obligation on our part, other than as explicitly set forth in such offers or promotions, including, without limitation, any obligation to continue such offers or promotions on an ongoing basis. We may also enter into contracts with third party providers to offer their products or services to Members through the Marketplace. We, at our sole discretion, may designate an exclusive provider of particular classes of products or services within the Marketplace and prohibit other Members from transacting such classes of products or services during any period of exclusivity granted to the third party provider.

      3. Access to Marketplace. We may, in our sole discretion, permit participation by non-Members of the Marketplace for a period of time under conditions and circumstances deemed reasonable by The Exchange.

5. BREACH OF RULES; PROHIBITIONS; TERMINATION

   1. Rule Violations. Violations of these Rules may result in termination of your Account and immediate adjustment to the transactions involved. We have the right, but are not obligated, to inquire into complaints of Rule violations by Members. You grant The Exchange the right to take such actions, which, in our sole discretion, are deemed necessary to adjudicate or resolve such complaints to the satisfaction of The Exchange. Without limiting other remedies, for violation of these Rules we may limit, suspend, or terminate our Services to you, limit, suspend, or terminate your Member Account or your right to transact in the Marketplace, prohibit access to our Website, delay or remove posted content and your Member Information, take technical and legal steps to keep you off the Website, reverse disputed transactions, and close Accounts that are delinquent, abandoned or in Default.

   2. Default; Remedies Upon Default

      1. Definition of Default. Among other things, a Member is in default of the Member Agreement to which these Rules are appended ("Default") if any one of the following occurs:

         1. Member does not make a required Fee payment by the due date;

         2. Member becomes generally unable to pay its debts or obligations;

         3. Member provides The Exchange with any false or misleading Member Information or Member Information, a false signature on the Member Application, transaction documents or other documents, or Member fails to notify The Exchange if any such Member Information previously provided becomes false or misleading;

         4. Member ceases to do business as an ongoing concern or, in the case of individuals, such Member dies, becomes incapacitated or otherwise incapable of decision-making;

         5. A petition in bankruptcy is filed against, or proceedings for dissolution, winding up or liquidation are instituted, by or against Member under the U.S. Federal Bankruptcy Code or any similar laws;

         6. We believe that the likelihood of Member performing its obligations under these Rules or the Member Agreement has been impaired;

         7. Member is found, or is reasonably believed by us, to have engaged in deceitful transaction practices or otherwise fraudulent, undesirable or harmful conduct as determined by The Exchange;

         8. Member violates these Rules (inclusive of any policies or documents it incorporates by reference) or breaches the Member Agreement;

         9. The Exchange cannot verify or authenticate information delivered by such Member to The Exchange or other Members, or placed on, in or through the Marketplace by such Member;

         10. Member is in default of any obligation to The Exchange, another Member, or any third party relating to your obligations under this Member Agreement;

         11. Member is the subject of an investigation by a government agency or other authority;

         12. The Exchange concludes in its sole discretion that any act or omission of Member may cause legal liability for The Exchange, the Member, other Members or Brokers;

         13. Member is in violation of any local, state, provincial, or federal law, relating to Member's obligations under this Member Agreement and use of the Marketplace;

         14. Any of the events described above with respect to a Member occurs with respect to any Authorized User.

      2. Remedies Upon Default. Upon Default by Member, The Exchange has the right, at its election then or at any time thereafter, to take, without limitation, one or more of the following actions in addition to any other remedies at law or in equity that may be available:

         1. Terminate Member's Account;

         2. Immediately delete any Listings or other information of Member;

         3. Require modification of payment terms, Fees, and/or prepayment of Fees, in order to continue or reinstate access or use by Member of Services provided by the Marketplace;

         4. Temporarily suspend, indefinitely suspend, or terminate the rights of Member to transact in the Marketplace;

         5. Issue a warning to such Member, and/or

         6. Refuse to provide Services to Member.

   3. Termination.

      1. Termination by The Exchange. We reserve the right to terminate membership or use of an Account by any business or individual, with or without prior notice, in our sole discretion, whether upon Default by Member, for any other reason, or for no reason.

      2. Termination by Member. You may terminate your Account upon twenty-eight (28) days written notice to The Exchange. You agree that all expert witness service retentions that occur following your profile being reviewed by a Law Firm on the Exchange website are presumptively the result of your participation in the Exchange’s marketplace and therefore subject to the transaction fees for the entire engagement. It is expressly agreed that this provision applies to any expert witness retention that occurs between a Member/former Member and a Law Firm that has reviewed member’s profile within six (6) months notice to the Exchange of the member’s termination.

      3. Effects of Termination. If your Account is terminated for any reason, the following apply:

         1. All Fees outstanding become due and payable;
         2. No Fees will be refunded; and
         3. All transaction fees become due and payable from expert witness retentions that occur within six (6) months of the termination in accordance with Section 5.3.2 above.

   4. Member Information.

      1. "Member Information" means the personal, business and other information, content and other material that you (or any person(s) using your Member ID and password) submit to the Website, or otherwise provide to The Exchange or its Brokers for use in the Marketplace, including all text, graphics, illustrations, symbols, logos, names, addresses, trade names, trademarks, service marks, pictures, photographs or other likenesses of persons (including minor persons), and endorsements provided by you or by a third party on your behalf. If you (or any person(s) using your Member ID and password) submit to the Website, or otherwise provide The Exchange with Member Information, such Member Information will be deemed to be non-confidential, and The Exchange assumes no obligation to protect such Member Information from disclosure (and assumes no obligation to publish such Member Information and no other obligation of any kind with respect to such Member Information). Member Information:

         1. Shall not be not false, inaccurate or misleading;

         2. Shall not include materials that constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, ordinance, rule, or industry (or similar) standard;

         3. Shall not infringe, plagiarize or violate any third party's copyright, patent, trademark, trade secret, other proprietary rights, rights of publicity, or privacy;

         4. Shall not be illegal, misleading, defamatory, indecent, obscene, in poor taste, threatening, harmful, abusive, harassing, false, vulgar, sexually explicit, profane, hateful, racially or ethnically objectionable, expose or potentially expose The Exchange, or its agents to civil or criminal liability, public ridicule, or otherwise result in any actionable injury, damage, or harm to any third party;

         5. Shall not create any liability for The Exchange or cause The Exchange to lose (in whole or in part) the products or services of our suppliers or partners;

         6. Shall not include descriptions of, or otherwise offer to sell, products or services that violate Exchange policy or that are otherwise prohibited under the Rules (inclusive of any documents it incorporates by reference);

         7. Shall include all required and appropriate warnings, information and reasonably required disclosures in connection with listing, buying, or selling services by Member on, in, or through the Marketplace;

         8. Shall be promptly updated by Member as necessary or appropriate to keep all of Member's Information (including, but not limited to, Listings) current, complete, and accurate;

         9. Shall not contain a virus or other harmful component, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment; and

         10. Shall not contain any materials for which Member does not have all necessary rights and licenses to transmit under any law, or under contractual or fiduciary relationships.

      2. License. Member shall own or have all rights in and to all Member Information provided to the Exchange or uploaded to Member’s profile sufficient to make a license grant to The Exchange, without subjecting The Exchange to claims of intellectual property infringement by virtue of our use of such Member Information. Member grants to The Exchange during the term of the Member Agreement, an absolute, fully paid, irrevocable, perpetual, royalty-free, transferable, worldwide, unrestricted, right, license and authority to:

         1. use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, disclose, manipulate, modify, and prepare derivative works based upon any Member Information that you submit or otherwise provide to The Exchange, in whole or in part, in such manner, format, and media as The Exchange may see fit in its sole discretion, and for such purposes as The Exchange may see fit in its sole discretion, without compensation to you; and

         2. grant to third parties (through multiple tiers) the right, sublicense, and authority to exercise all or any portion of the rights granted to The Exchange in this paragraph, subject to such terms and conditions as The Exchange may deem appropriate in its sole discretion, without compensation to you.

         3. You agree that the Exchange may use your photograph or likeness, curriculum vitae and other publicly available information about your expert witness services, background and/or prior participation in court proceedings in order to improve your profile, search rankings or simply rendering data about you more available as well for general marketing purposes.

      3. You agree and understand that The Exchange may, in its sole discretion for any reason, and without any prior notice or liability, delete any files or information that you may maintain at the Website, and any material you may choose to post there. You should keep a copy of any material that you maintain or post at the website because The Exchange is under no obligation to retain copies of any material that The Exchange or others may delete from the website.

      4. FTC COMPLIANCE 16 CFR PART 255

         The Exchange follows the administrative interpretation of laws issued by the Federal Trade Commission suggesting voluntary compliance with its guidance relative to Section 5 of the FTC Act (15 U.S.C. 45, 16 CFR Part 225) relative to the use of endorsements and testimonials in advertising and requires all users of its Website as a condition to any display, quotation or reference to its content or Services, including applicants for its Expert Witness Validation service and recipients of its“ Validation Badge to refrain from altering the meaning or removing mandatory links to disclaimer and explanations corresponding to such content nor use same as an advertisement or endorsement on its behalf in any way inconsistent with said FTC guidance.

         No content or service displayed on the EWE website or its social media are intended to represent an endorsement, testimonial, warranty, implied or express, of any particular expert witness.

      5. FAIR USE AND PUBLIC COMMENT

         1. All content and Services provided by The Exchange, though a for profit entity, represents The Exchange’s exercise of its rights of Fair Use and display enabling improved search methods for expert witness assessments and comparisons. including but not limited to information and content in the public domain, together with that which appears on publicly available websites, listings, and social media.

            1. If any person or entity believes that any such displayed content infringes on its copyright ownership rights then this should be brought to the immediate attention of The Exchange so that prompt consideration of the issue may be undertaken and corrective action, if it appears warranted, may be implemented.

         2. In addition, by distributing and displaying its content, The Exchange is exercising its free speech rights on matters of public interest and/or in the public domain even if some of its content may be deemed commercial speech. In all such capacities, The Exchange content appearing on its website, profiles, data assemblies, applications and social media represent only its own express or implied opinions and should not be construed as statements of fact.

      6. VALIDATION BADGE – SUPPLEMENTAL TERMS AND CONDITIONS

         1. Issuance or denial of a “Validation Badge” is not intended to represent an endorsement, testimonial, warranty, implied or express, of any particular expert witness for retention purposes. No denial of a “Validation Badge” application should be interpreted as a criticism or lack of endorsement of any particular expert witness.

         2. Any display of its content, including the “Validation Badge must include the embedded links provided to the appropriate page(s) on Exchange’s website, visibly displayed in a manner sufficient to assure notice, so that any third party viewing said content or Badge may have immediate and direct access to the general limitations, criteria utilized, if applicable, and any specific disclaimers which may attend to the content displayed.

            1. Embedded links - “What the Validation badge is and what it means”

               1. Including the general limitations and disclaimers, which accompany the Badge and those additional ones which may be specific to the Badge recipient.

            2. Surrender of badge/cease of display upon non renewal/ suspension

            3. FTC compliance regarding not expressing or implying that EWE has endorsed them as an expert witness

            4. The representations made by Badge applicant’s concerning their CV and Validation Badge application process

            5. The possibility of subsequently occurring events which would or may disqualify a Badge holder from possessing same and the obligation of the Badge recipient to bring to the attention of the EWE Validation Badge committee promptly, but in no case longer than five business days

            6. The Renewal Badge applicant process and conditions

            7. The interim request for re validation for matters which may have occurred between Badge issuance and the time of renewal.

         3. In the event that a JPEG photo suitable for uploading is not provided by the Validation Badge applicant for whatever reason, you grant the Exchange the license to utilize photos that you have published on your own website, website directories in which you have participated in by providing a photo, or otherwise distributed/published for use on your profile page.

         4. The Exchange may allow its Validation Badge holders to provide a link to their Marketplace profiles from their personal websites for marketing purposes, subject to all the terms of service and Marketplace Membership Agreement.

         5. The Exchange may also decide, in its sole discretion, to set up a separate Validation Badge Registry under a separate URL domain and display all or portions of your Marketplace profile therein. You grant the Exchange the license to do so pursuant to the terms of section 5.4.2 herein.

      7. EXCHANGE PROFILE LISTINGS – SUPPLEMENTAL TERMS AND CONDITIONS

         The Exchange collects information when an expert fills out their profile via the Validation Badge application interface or by using the website interface to directly creating one's expert witness profile.

         1. The Exchange may add supplemental information relevant to your expert witness profile created per above.

         2. The Exchange does not currently require any advertising subscription charge for validation badge holders for the maintenance and display of their basic profiles displayed, and reserves the right to treat non validation badge holders differently, remove them from its website, or charge fees that it may determine appropriate with prior advance notice provided.

         3. The Exchange may denote the status of a Validation Badge application including but not limited to

            1. validation badge issued

            2. validation badge application pending

            3. validation service request pending

            4. validation badge surrendered, and/or not renewed

            5. validation badge suspended pending review on your EWE profile

         4. A complete profile that includes professional details – such as credentials, education, industry work experience, case specific expert consulting experience, and related knowledge – is ordinarily beneficial to you and those looking to retain your services. Therefore, the more complete your profile the better.

         5. The Exchange may provide an interface for you to add additional content and edit aspects of your expert profile, which are left within your purview to manage.

         6. If you believe that any aspect of your profile contains an inaccuracy that you are unable to self edit, please contact the Exchange and request assistance in making the requested change.

            1. The Exchange may, in its discretion, require documentation or corroboration in support of the requested change being implemented.

Privacy Policy

Welcome to the Expert Witness Exchange (“EWE”). EWE provides this website and its collective products and Services (“Services”) to its users (hereinafter “you” or “your”) subject to the following privacy policy (“Policy”). The Policy is intended to inform you about how we collect and use information so you can make an informed decision about using the Services. PLEASE READ ALL OF THE FOLLOWING POLICY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE AND USING OUR SERVICES, YOU AGREE TO OUR POLICY. IF YOU DO NOT AGREE TO THIS POLICY NOT USE THIS WEBSITE. EWE reserves the right to amend, remove, or add to the POLICY at any time WHICH shall be effective immediately upon posting.

shall be effective immediately upon posting.

COLLECTION AND USE OF USER INFORMATION:

We only use your information consistent with this Policy or where it is necessary to carry out your instructions, or in accordance with community enabling norms in order to provide our features and functionality to you, or when we reasonably believe it is required by law, subpoena or other legal process, or as necessary to enforce our terms of use or protect the rights, property, or safety of our members, visitors and the public. We do not seek to collect nor share financial account information, social security numbers, sell or provide your email or other contact information to third party networks for solicitation or marketing purposes.

1. Information You Provide

   1. Register/Information Related to Your Account

      We collect and store personal information about you when you register to become a customer of our Services, when you otherwise transmit such information to us, when you order Services. We also collect and store information from our server logs and through cookies. This includes information such as your computer's Internet Protocol (IP) address, operating system and browser type, the address of a referring website or a website to which you exit, the date and time you access or use the Services, items you click on, pages you view and the amount of time you spend on particular pages, and all of the account creation information you provide to the Exchange.

      We may use the information that we collect about you to manage your account and provide you with customer support. We may furthermore use such information to perform research and analysis about your use of our products and services, to inform you from time to time by email if you provided a respective explicit consent, and/or within our application about products or services that we think will interest you. We may share the information we collect about you and your usage activity on an anonymous, aggregated basis with our third party partners for the purpose of performing research and analysis about users of our products and services.

   2. Personal and Profile Information

      Users of the website may provide personally identifiable information in connection with compiling profile information. We may also obtain personally identifiable information from third parties. The personally identifiable information may include e-mail addresses, work postcode, educational background, professional information, disciplinary actions, criminal history or other similar information, the access code and password used by you to access the website and individual profile information. We may use such personally identifiable information in the course of providing Services or in connection with the Exchange’s retention and engagement by parties or in connection with the Exchange’s provision of other services. Personally identifiable information does not include: (1) aggregated or anonymized information; (2) any publicly available information; (3) information about you that is provided by third parties; or (4) information that is posted to publicly accessible areas of the Services.

2. Web Server Logs

   When you visit our website, we may track information about your visit and store that information in web server logs, which are records of the activities on our sites. Our servers automatically capture and save the information electronically. Examples of the information we may collect include:

   • Your unique Internet protocol address

   • The name of your unique Internet service provider

   • The city, state and country from which you access our website

   • The kind of browser or computer you use

   • The number of links you click within the site

   • The date and time of your visit

   • The web page from which you arrived to our site

   • The pages you viewed on the site

   • Certain searches/queries that you conducted via our website(s)

   The information we collect in web server logs helps us administer the site, analyze its usage, protect the website and its content from inappropriate use and improve the user's experience.

3. Cookies

   We may collect information that is typically not personally identifiable through the use of web technologies which include cookies, web beacons, and JavaScript tags. We collect this information to provide better service to our users. A cookie is a small text file that is transferred to a web browser by a web server, and can be read by a web server in the same domain at a later time and stored on your computer's hard drive. For example, cookies allow us to save passwords and preferences for you so you won't have to reenter them each time you visit. Most browsers are initially set up to accept cookies. However, if you prefer, you can set your browser to either notify you when you receive a cookie or to refuse to accept cookies. You should understand that some features of many sites may not function properly if you don't accept cookies.

   EWE also uses web beacons. These are known as clear GIFs, web bugs, or pixel tags, and are often used in combination with cookies. The Exchange or its third party providers use web beacons to allow us to count users who have visited certain pages and to generate statistics about how our site is used. Unlike cookies, you cannot decline web beacons. However, setting your browser to decline cookies or to prompt you for a response will keep web beacons from tracking your activity.

4. Security

   The Exchange has implemented various physical, electronic and procedural safeguards to protect the confidentiality and security of personal information under our control. For instance such information to authorized personnel. The Exchange may also employ the Secure Sockets Layer (SSL) protocol to protect your personal information when use the Exchange’s Marketplace, applications and website.

   While the Exchange maintains security measures to prevent unauthorized access to or disclosure of your personal information, no security measures are absolute or wholly guaranteed. The Exchange will make reasonable attempts to notify you if it determines there were unauthorized acts by third parties that violate the law or this policy, or other security breaches, or where otherwise required by law.

   EWE will maintain your personal information for as long as a business need exists, or as required by applicable laws, regulations, or government orders. When we dispose of personal information, we use commercially reasonable procedures to erase or render it unreadable

5. Third Parties

   This Policy applies solely to information collected by us. We are not responsible for the privacy practices of third parties.

   If you have any questions or comments about this Policy, please contact us at legal@expertwitnessexchange.com

Terms of Use and Service

Date of last modification: January 18, 2018

Welcome to the Expert Witness Exchange (“EWE”). EWE provides this website and its collective products and Services (“Services”) to its users (hereinafter “you” or “your”) subject to the following terms of use (hereinafter “Terms”). PLEASE READ ALL OF THE FOLLOWING TERMS BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE AND USING OUR SERVICES, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF OUR TERMS DO NOT USE THIS WEBSITE. EWE reserves the rights to amend, remove, or add to the Terms at any time WHICH shall be effective immediately upon posting. Please continue to review the Terms whenever accessing OR using this website.

1. Use of Services

   You represent and warrant that you are at least eighteen (18) years of age and of legal competence to use our Services. If you are using our Services on behalf of your employer, you represent and warrant that you are authorized to do so and you accept these Terms on behalf of your employer.

2. Intellectual Property

   By using our Services, you do not have ownership or license to any intellectual property rights associated with the Services. The Services and related platforms belong to EWE including but not limited to text, site content, data, articles, database, algorithms, site search methodology, written content, photographs, video, audio, and graphics (hereinafter “IP” ). Our IP is protected by common law and/or statutory rights of ownership, copyrights, trademarks, service marks, patents, and any applicable international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Except as specifically permitted by the Terms, you may not copy or make any use of the Services or any portion thereof. Except as specifically permitted herein, you shall not use the IP or the Services, or the names of any individual participant in, or contributor to, the Services, or any variations or derivatives thereof, for any purpose, without EWE’s prior written approval.

3. Restrictions on Use

   You may not use the Services for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Terms. You agree to use our Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained on the website and/or the Services in any manner that could compete with the business of EWE or any of its suppliers.

   You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of EWE’s IP and Services, except as specifically authorized by EWE.

   You may not use our Services to send any commercial, email, or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable local, state, federal, or international privacy law to which you may be subject on the basis of your location or the location of the person searched.

   You may not scrape or copy profiles and information of experts or others through any means including crawlers, browser plugins and add-ons, and any other technology or manual work. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Services, any data or content found on or accessed through the Services, or any other Services information without the prior express written consent of EWE. You may not copy, modify or create derivative works from the Services, IP or any related technology (except as expressly authorized)

   You may not recirculate, redistribute or publish the analysis and presentation included in the Services without EWE’s prior written consent. You may not offer any part of the Services for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of EWE. The Services and the information contained therein may not be used to construct a database of any kind, nor may the Services be stored (in its entirety or in any part) in databases for access by you or any third party, or to distribute any database Services containing all or part of the Services. You may not use the Services in any way to improve the quality of any data sold or contributed by you to any third party.

   You may not input, distribute, upload, post, email, transmit, or otherwise make available any content through the Services that:

   • is promotional in nature, including solicitations for funds or business, without the prior written authorization of EWE, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
   • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   • you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
   • is harmful to minors; or
   • constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.

   You may not use any of the trademarks, trade names, services marks, copyrights, or logos of EWE in any manner which creates the impression that such items belong to or are associated with you or are used with EWE’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

   You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Services, any activities conducted on or through the Services or any servers or networks connected to the Services.

   You may neither obtain nor attempt to obtain through any means any materials or information on the Services that have not been intentionally made publicly available either by public display on the Services or through accessibility by a visible link on the Services.

   You shall not violate the security of the Services or attempt to gain unauthorized access to the Services, data, materials, information, computer systems, or networks connected to any server associated with the Services, through hacking, password timing or any other means.

   You may neither take nor attempt any action that, in the sole discretion of EWE, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or the infrastructure of the Services.

   You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

   Without limiting other provisions contained in our Terms, you may include a link(s) on your website to our website’s publicly accessible web pages (i.e., any web page which does not require a login and password and/or restrict access). Upon linking to this website pursuant to the Terms, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the EWE mark solely for providing an underlined, textual link from your website. No other use of EWE's marks, names or logos is permitted without express written permission from EWE. You may not link this website to any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

   You may not use the Services to bring up or present content of this website within another website ("frame” or “framing"). You may not frame any web page from this website without our express written permission. You may not archive, cache, or mirror any web page or portions of a web page. If you would like to use, reprint, frame, or redistribute any content of this website other than as permitted herein, you must request and receive written permission from EWE to do so.

4. License

   You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with the Terms. Should you choose to download content from the Services, you must do so in accordance with the Terms. Such download is licensed to you by EWE ONLY for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.

   If you submit material to this site or to EWE or its representative, unless EWE indicates otherwise, you grant to EWE a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit , such content for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in EWE’s discretion without additional notice, attribution or consideration to you or to any other person or entity. You also permit any other user to access, store, or reproduce such material for that user's personal use.

   You grant EWE the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this Terms and will not cause injury to any person or entity; and that you will indemnify EWE and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. EWE and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any material submitted by you or any third party.

   EWE reserves the right at any time to charge or amend the amount of fees to be charged, on a prospective basis, for access to portions of the Services or the Services as a whole. If at any time EWE requires or amends a fee for portions of the Services or the Services as a whole, you shall pay all fees and charges incurred through your account at the rates in effect for the billing period or Services for which such fees and charges are incurred, including but not limited to charges for any products or Services offered for sale through the Services by EWE.

   All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Services through your account, and the purchase of any other products or Services. Certain portions of the Services or the Services as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in EWE’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Services or the Services as a whole if a Prepaid Fee is required unless EWE receives all fees and charges payable by you, including the Prepaid Fee.

5. Registration and Account Creation

   As part of the registration and account creation process necessary to obtain access to certain portions of the Services, including those portions that require a fee or payment for access, you will select a username and a password. You will provide EWE with certain registration information, all of which must be accurate, truthful, and updated. You shall not: i) select a username already used by another person; ii) use a username in which another person has rights without such person's authorization; or iii) use a username or password that EWE, in its sole discretion, deems offensive or inappropriate.

   EWE reserves the right to deny creation of your account based on EWE’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify EWE of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

   You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Services is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Services.

   EWE reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by submitting written notification to EWE or by discontinuing use of Services. You are responsible for all charges incurred up to the time the account is terminated. You agree to maintain only one account with the Services at any time and certify that you currently have no other account(s) with the Services. Upon termination of the Terms by you or EWE, you must discontinue your use of the Services and destroy promptly all materials obtained from the Services and any copies thereof.

6. Disclaimer and Limitation of Liability

   YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICES AND ANYTHING CONTAINED WITHIN THE SERVICES, INCLUDING, BUT NOT LIMITED TO: CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT EWE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

   UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, SHALL EWE, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF EWE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

   IN NO EVENT SHALL EWE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND/OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, AND RECEIVED BY EWE FOR YOUR USE OF THE SERVICES. IN NO EVENT SHALL EWE BE LIABILE TO YOU FOR ANY DAMAGES, LOSSES, AND/OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) RESULTING FROM YOUR UTILIZATION OF FREE SERVICES.

   You may find links to other websites or resources on this website that offer content, goods, or services. You acknowledge and agree that EWE has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with your use of or reliance on any such content, goods, or Services available on or through any such site or resource.

   EWE does not warrant that the Services are compatible with your equipment or that the Services, or e-mail sent by EWE or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features.

   You agree that EWE and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of EWE, its parent, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Services and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against EWE by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Services caused by your computer equipment or arising from your use of the Services on such equipment. The content of other websites, services, goods, or advertisements that may be linked to the Services is not maintained or controlled by EWE. EWE is therefore not responsible for their availability, content, or accuracy, or goods that may be linked to, or advertised on, the Services.

   EWE does not: (i) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (ii) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, Services, goods, or advertisements that may be linked to the Services; or (iii) make any endorsement, express or implied, of any other Web sites, Services, goods, or advertisements that may be linked to the Services.

   EWE is also not responsible for the reliability or continued availability of the telephone lines, wireless Services, communications media, and equipment you use to access the Services. You understand that EWE and/or third-party contributors to the Services may choose at any time to inhibit or prohibit their content from being accessed under the TERMS.

   You acknowledge that: (i) the Services are provided for information purposes only and subject to the specific conditions, limitations and restrictions set forth in connection with any aspect of Services offered, and EWE does not guarantee the sequence, accuracy, completeness, or timeliness of the Services or the information aggregated therein whether or not reasonable efforts to assure such accuracy are made; (ii) the provision of certain parts of the Services is subject to the terms and conditions of other agreements to which EWE is a party; (iii) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by EWE to recommend for or against the retention of any particular expert witness or expert witness association; (iii) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.

7. Indemnification

   You agree, at your own expense, to indemnify, defend and hold harmless EWE, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with your use of the Services, your violation of these Terms, or your use of links to the Services. EWE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EWE in asserting any available defense.

8. No Legal Advice, Endorsement or Attorney Client Relationship

   EWE does not provide legal advice. EWE does not recommend or endorse any specific expert listed on this website or made available to you through the Services. You are advised that use of the Services should not form the only basis upon which you, or anyone you represent, decide to retain or work with an expert. You should independently confirm any information provided through the Services. The Services are not intended to and shall not be used as legal advice and shall not serve to replace the legal skill and experience necessary to properly investigate, consider, and retain an expert witness. While we expect and hope our Services are useful to you, the Services are not a substitute for professional advice. Your use of the content, information and Services is solely at your own risk. You acknowledge that under no circumstances is EWE providing legal advice or representation through the Services and that nothing on this website is intended as a substitute for legal advice from an attorney. You acknowledge that no attorney-client relationship is, or will be, formed through the use of the Services, and that you have no expectation of privacy or confidentiality of communications occurring through the Services.

9. Governing Law and Forum

   The Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Hartford County in the State of Connecticut with respect to any legal proceedings that may arise in connection with the Services or from a dispute as to the interpretation or breach of the Terms. You agree that Venue for any legal action of any kind brought against EWE must be brought in the State of Connecticut, Hartford County

10. Binding Arbitration

    Any dispute, claim or other litigable difference between the parties arising out of or relating to our Services or its subject matter will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall bind the other. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") (available on the AAA web site www.adr.org) before a single arbitrator conducted in HARTFORD COUNTY, CONNECTICUT provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm, and further provided, that a cause of action may be brought by EWE or its assignee outside of arbitration, at EWE’s sole discretion, in any judicial district for debt collection purposes. The decision of the arbitrator will be final and binding and shall be entitled to enforcement in any court of competent jurisdiction. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND NO RIGHT TO A JURY TRIAL.

11. Attorney’s Fees

    If either party submits a claim for arbitration or commences an action against the other arising from the Services, the prevailing party in such action will be entitled to recover all costs including, without limitation, reasonable attorneys' fees associated with the action to be fixed by the arbitrator, trial court, and/or appellate court, in the action and on appeal. Such relief is in addition to any other relief that may be awarded to the prevailing party. Any sums, which may be awarded to EWE in arbitration or by judgment, shall be payable in United States dollars only.

12. Class Action Waiver

    TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT CLAIMS AGAINST EWE MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All litigations, claims, or actions based on use of Services or under these Terms must be conducted on an individual (and not a class wide) basis. You acknowledge and agree that the Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an option party, acting as a private attorney general, or joining or consolidating claims with claims or proceedings brought by any other person.

13. Enforcement of Terms

    EWE reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to terminate or block access to Services. You acknowledge that violation of these Terms may cause EWE irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of these Terms by you may be enforced by EWE by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

14. Modifications

    You accept that EWE has the right to change the content or technical specifications of any aspect of the Services at any time in EWE’s sole discretion. You further accept that such changes may result in your inability to access the Services.

15. Waiver, Severability

    The failure of EWE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The section titles in the Terms are used solely for the convenience of you and EWE and have no legal or contractual significance. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force.

16. Entire Agreement

    The Terms and any other terms and conditions of Services on this website, and its successor, constitute the entire agreement between you and EWE and govern your use of the Services. These Terms supersede all prior versions or contemporaneous agreements or representations, whether written or oral, concerning the Services. These Terms create no third party beneficiary rights.

17. Questions

    Click here for general information. For all legal inquiries, send communications to Attn: Legal Department legal@expertwitnessexchange.com